Part I.
Texas Department of Human Services
Chapter 47.
Primary Home Care
Subchapter D. Provider Contracts
40 TAC §47.4902
The Texas Department of Human Services (DHS) proposes an
amendment to §47.4902, concerning geographic boundaries, in its Primary
Home Care chapter. The purpose of the amendment is to ensure that primary
home care services are delivered under the most appropriate category of licensure.
Primary home care provider agencies will be required to be licensed under
the licensed home health category or the personal assistance services category.
The amendment also requires a separate contract in each DHS region and that
the counties included in the DHS contract be included in the service area
of the provider agency's file at the Texas Department of Health. The amendment
also clarifies that out-of-state corporations must be authorized to do business
in Texas.
Eric M. Bost, commissioner, has determined that for the first five- year
period the proposed section will be in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Bost also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be to promote consistency between licensure and contracting
requirements for personal assistance services; ensure compliance with applicable
state regulations and program requirements; and ensure that personal assistance
services are delivered under the appropriate category of licensure. There
will be no effect on small or large businesses. Current primary home care
procedures or licensure or state regulations require provider agencies to
meet all of the proposed requirements except for the category type of licensure.
Primary home care provider agencies that are currently licensed only under
the certified and licensed home health category can request, free of charge,
that the Texas Department of Health add licensed and home health or personal
assistance services category to their licensure. There is no anticipated economic
cost to persons who are required to comply with the proposed section.
Questions about the content of the proposal may be directed to Frances
Barraza at (512) 438-3216 in DHS's Community Care Services section. Written
comments on the proposal may be submitted to Supervisor, Rules and Handbooks
Unit-146, Texas Department of Human Services E-205, P.O. Box 149030, Austin,
Texas 78714-9030, within 30 days of publication in the
Texas Register
.
The amendment is proposed under the Human Resources Code, Title
2, Chapters 22 and 32, which provides the department with the authority to
administer public and medical assistance programs and under Texas Government
Code §531.021, which provides the Health and Human Services Commission
with the authority to administer federal medical assistance funds.
The amendment implements §§22.001-22.030 and §§32.001-32.042
of the Human Resources Code.
Primary Home Care Provider Qualifications
[
(a)
To be qualified as a home and community support services
(HCSS) provider to deliver primary home care services under contract with
the Texas Department of Human Services (DHS), an HCSS agency must:
(1)
have a separate contract to provide primary
home care services in each DHS region in which services are to be delivered;
(2)
deliver primary home care services
through the personal assistance services (PAS) or the licensed home health
services category of licensure;
(3)
have the counties in the DHS contract
for primary home care services included in the identified service area on
file at the Texas Department of Health with personal assistance services or
licensed home health services category of licensure; and
(4)
be authorized by the secretary of
state to do business in the State of Texas (if an out-of-state corporation).
[
(b)
A provider agency may request that DHS amend the agency's
contract to add counties, if the following conditions exist:
[(1)
Additional counties served by the provider
agency are contiguous to a county already covered in the agency's contract
with DHS; and]
(1)
[
(2)
The counties to be added to the contract
are included in the identified service area on file at the Texas Department
of Health with personal assistance services or licensed home health services
category of licensure.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
April 23, 1999.
TRD-9902386
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: August 1, 1999
For further information, please call: (512) 438-3765
Chapter 106.
Contract Administration
Subchapter A. Acquisition of Client Goods and Services
40 TAC §106.35
The Texas Rehabilitation Commission (TRC) proposes an amendment
to §106.35 concerning Acquisition of Client Goods and Services.
The section is being amended to include grants within the appeal rules
for contracts.
Charles E. Harrison, Jr., Deputy Commissioner for Financial Services, has
determined that for the first five-year period the amendment is in effect,
there will be no fiscal implications for state or local government.
Mr. Harrison also has determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of enforcing
the section will be to include grants within the appeal rules for contracts.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Roger Darley, Assistant General
Counsel, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Suite
7300, Austin, Texas 78751.
The amendment is proposed under the Texas Human Resources Code,
Title 7, Chapter 111, §111.018 and §111.023, which provides the
Texas Rehabilitation Commission with the authority to promulgate rules consistent
with Title 7, Texas Human Resources Code.
No other statute, article, or code is affected by this proposal.
§106.35. Appeals.
(a)
Appeals based upon final decision letter.
(1)
General. After the commission has issued a final decision
letter to the contractor
or grantee
implementing an adverse action
taken by the commission pursuant to §106.32 of this title (relating to
Adverse Actions), the contractor
or grantee, referred to herein as appellant,
has the right to appeal. Except as provided in subsection (b) of this
section, a copy of the final decision letter must be included with the appeal,
and the appeal must be received by the commission within 60 days after issuance
of the final decision letter. Appeals and requests for reconsideration under
this section must be sent to the commission by certified mail--return receipt
requested.
(2)
Procedures. Appeals must be in writing and submitted
to the appropriate deputy commissioner. Written materials that the [
(3)
Record. The record of an appeal shall consist of
a copy of the written appeal; a copy of the final decision letter described
in paragraph (1) of this subsection, or if no final decision letter was issued,
a copy of the [
(4)
Request for reconsideration. After the decision on
an appeal is issued, the [
(A)
The request for reconsideration shall:
(i)
specifically point out any errors in the record,
(ii)
specify all relief requested, and
(iii)
state all reasons why the relief should be granted.
(B)
The commission representative shall file his or her response
to the request for reconsideration not later than 20 days after the commission's
receipt of the request.
(C)
The commission shall issue a decision on the request for
reconsideration no later than 45 days after receipt of the request for reconsideration.
The decision may affirm, reverse or modify the final decision letter. The
decision on the request for reconsideration is the final decision of the commission.
If the commission does not rule on the request for reconsideration within
45 days, the written decision on the appeal which is described in paragraph
(2) of this subsection becomes the final decision of the commission. The Commission
and/or his or her designee may extend any time period by ten days upon written
request of the [
(b)
Obtaining a final decision letter. If the contractor
or grantee
believes that an adverse action has been taken against him
before a final decision letter has been issued, the contractor
or grantee
may contact the appropriate deputy commissioner in writing, describe
the adverse action which has been taken, and request a final decision letter.
Requests for a final decision letter must be submitted to the commission by
certified mail--return receipt requested. If the commission does not issue
a final decision letter within 30 days after receipt of the request by the
deputy commissioner, the contractor
or grantee
may, at his or her
option, appeal within 60 days of receipt of the request by the deputy commissioner.
A copy of the request for a final decision letter, along with a U.S. Postal
Service or equivalent notice showing receipt of the request by the commission,
must be included with the appeal.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
April 26, 1999.
TRD-9902420
Charles Schiesser
Chief of Staff
Texas Rehabilitation Commission
Earliest possible date of adoption: June 6, 1999
For further information, please call: (512) 424-4050
Chapter 827.
Communities in Schools
Subchapter D. Funding of CIS Local Programs
Geographic Boundaries
].
Any provider agency that has a contract with the Texas Department
of Human Services (DHS) must provide services in the county in which the
parent or branch office is located.
]
(2)
] The provider agency has
a contract with DHS for each DHS region served
; and
Part II.
Texas Rehabilitation Commission
contractor
]
appellant
wishes to have considered may be submitted
with the appeal. The appeal should state whether the [
contractor
]
appellant
requests a personal meeting to discuss the appeal, and if
the [
contractor
]
appellant
requests, a meeting will
be scheduled with a representative of the commission. At the meeting, the
[
contractor
]
appellant
may be represented by a person
of his or her selection, the [
contractor
]
appellant
will be provided with an opportunity to present evidence and information to
support his or her position, and the [
contractor
]
appellant
and the commission may agree to employ a mediator at the commission's
expense. A written decision will be provided to the [
contractor
]
appellant
within 30 days after conclusion of the meeting, or if no meeting
is held, within 45 days after the commission receives the appeal, unless the
appropriate deputy commissioner extends the time.
contractor's
]
appellant's
request for
final decision letter described in subsection (b) of this section; a copy
of the written decision issued by the commission described in paragraph (2)
of this subsection; and if applicable, a copy of any mediation agreement that
was executed by the commission and the [
contractor
]
appellant
.
contractor
]
appellant
may
submit in writing a request for reconsideration. Requests are to be directed
to the Assistant Commissioner, Buyer Support Services, and must be received
by the commission within 20 days after the decision on the appeal is issued.
The request for reconsideration will be decided by or on behalf of the Commissioner.
The decision will be based on the record of the appeal described in paragraph
(3) of this subsection, a summary prepared by the commission representative
of the information provided by the [
contractor
]
appellant
and the evidence accepted by the commission representative at the meeting
described in paragraph (2) of this subsection, any written material submitted
by the [
contractor
]
appellant
along with his or her
request for reconsideration, and the commission representative's response
to the request for reconsideration.
contractor
]
appellant
or commission
representative.
Part XX.
Texas Workforce Commission